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Archive For Entries On Citizenship and Immigration

Canada v Esfand: The Politics of Refugee Law

With the intensification of the Syrian crisis, refugees have been much in the news lately. Refugees also became a quasi-central issue during the earlier part of the 2015 Canadian federal election campaign. The past 9 years of Conservative government have proven transformational for Canada’s refugee and immigration system, some would argue for the worst. In […]

Supreme Court Denies Leave to Appeal in McAteer v Canada (AG): Oath to the Queen Continues

The Supreme Court of Canada (“SCC”) recently denied leave to appeal from the Ontario Court of Appeal (“ONCA”) decision in McAteer v Canada (Attorney General), 2014 ONCA 578. The case was a challenge to the requirement under the Citizenship Act, RSC 1985, c C-29, to swear an oath to the Queen during the Canadian citizenship […]

Discrimination in Family Class Sponsorship: Attaran v Canada (Attorney General)

While there is no question that Citizenship and Immigration Canada’s (“CIC”) process for sponsoring parents to come to Canada treats applicants differently on the basis of family status, it remains to be seen if this differential treatment is justified. On February 3, 2015, the Federal Court of Appeal found that the Canadian Human Rights Commission’s […]

People Smuggling, Refugees, and Material Benefit: B010 v Canada

On February 16, 2015, the Supreme Court of Canada (“SCC”) will begin hearing oral arguments in the appeal of B010 v Canada (Minister of Citizenship and Immigration), 2013 FCA 87 [B010]. The Court will determine whether “people smuggling” under s. 37(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [IRPA], requires the party […]

Refugees, Human Smuggling, and Third-Party Altruism: R v Appulonappa

On February 16, 2015, the Supreme Court of Canada (“SCC”) will hold a hearing for the appeal of R v Appulonappa, 2014 BCCA 163, a case that will have a significant impact on immigration and refugee law. The SCC’s eventual decision in Appulonappa will deeply affect both refugee claimants and those who assist asylum seekers […]

Kanthasamy v Canada (Citizenship and Immigration): Is Reasonableness the Correct Standard?

The Supreme Court has recently given leave to appeal the decision in Kanthasamy v the Minister of Citizenship and Immigration, 2014 FCA 113. In that case Mr. Kanthasamy had appealed the Federal Court’s dismissal of his application for judicial review on the Minister’s denial of his application for humanitarian and compassionate relief as provided for […]

“Serious” Non-Political Crimes and Exclusion from Refugee Protection: Febles v Canada

In Febles v Canada (Citizenship and Immigration), 2014 SCC 68 (“Febles”) the Supreme Court of Canada (“SCC”) made an important ruling with respect to refugee claimants that possess criminal records. Article 1F(b) of the United Nations Convention relating to the Status of Refugees (“the Convention”), July 28, 1951, [1969] Can. T.S. No 6 and section […]

Appeal Watch: “Serious” Non-Political Crimes and Refugee Protection in Febles v Canada

In late March of this year, the Supreme Court of Canada (SCC) held a hearing for Febles v Canada (Minister of Citizenship and Immigration). The case will determine how Article 1F(b) of the United Nations Convention relating to the Status of Refugees (the Convention), July 28, 1951, [1969] Can. T.S. No 6 should be interpreted […]

Can Domestic Abuse Victims Qualify as Refugees? – A Comment on Matter of A-R-C-G et al

The recently-released decision of the United States’ Board of Immigration Appeals (“the Board”) in the Matter of A-R-C-G et al., (“Matter of A-R-C-G“), 26 I&N Dec. 388 (BIA 2014) may signal the United States’ growing openness to granting asylum to women who flee from domestic abuse.  While the decision itself may be considered overdue, its reasoning takes a strong critical […]

An Improved Test For Complicity in War Crimes

The United Nations Convention Relating to the Status of Refugees has long played a necessary role in ensuring the security of displaced persons around the globe. The Convention also ensures that this important goal is not undermined by excluding from protection individuals who are guilty of committing atrocities. Article 1F(a) of the Convention excludes from […]